New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-11-27
WILL 1T BE JUSTICE LAMAR"i
DISCUSSING HIS FITNESS AND HIS CHANCES.
"THE COURTESY OF THE sENATE"-AN UNsATIs-

THE COURTESY OF THE SENATE AN CNsAIis-
FACTORY RECoRD-THE QUESTION OF AGE.
lFRoM THE REGULAR CORRESPONDENT OF THE rRiBuSE'l
WASHINGTON. Nov 26.-In group Of prominent Re
pubcans recently heard the probabilities OF
Mr.. Lamar's nomination and confirmation as Asso
ciate-Jusce of the Supreme Court discussed with
good zeal of freedom and carncstness Ono man sald
" In my opinion there IS great danger that the
courtesy Of he senate socalled, Will insure Lamars
confirmation. II the IS ever reported from the
Judiciary Committee nothing can prevent favorable
action OF course such a thing ought not TO De- Out
have often seen the power of that courtesy cXcr-
cscd. To place such man on the supreme court
Will be most unfortunate. The highest Judicial IBID
unal Of the United States certainly ought not to be
polluted-I do not mean to use the word In an o.
fensve sensc-by the presence OF a man who can see
no difference between loyalty and treason man who
stands ready, he did three four years ago,
TO rebuke any who shall call jefferson Davis
traitor man who mistakes the ccmency OF the Gov
eminent toward traitors for justification of treason
l regard the proposition to make Lamar member OF
the Supreme Court only another phase Of the South
movement to revolutionlze the Government BY
peaceable means The Solid South dares not yet at
tempt place the Executive Department in the hands
directly, OF who fought to destroy the Union; In
fact the South has not yet shown the nerve 10 foce
of her favore sons on the ticket as candidate
for Vice President, we'll knowing that the solid loyal
sentiment Of the country would resent and defeat such
TO propose such a Lamar for the supreme
Court If the matter be left to the Su!rageS OF
the people And yet 1t IS more important that the
supreme Court should be kept free from influences
which are hostile to the legislative and Constitutional
enactmcnts Of the twenty years which followed the
outbreak Of tho than that eXrebel should be
kept cut Of the White House,
We,' said another Republican, who has a large
practice before the supreme Court " there are other
cogcnt reasons why Lamar should not be appointed.
lie las been Judge Of any court, and unless
have been misnformcd, he never has had any legal
practice worth mentioning | have been Informed
that he never tried dozen I'm Superior Court
I'm his life 1t certainly would bc outrage upon the
country, upon ltGans and upon the supreme Court
itself to appoint destitute alike OF Judicial cX-
pcrlcncc and legal training You may remember" he
continued, that secretary Lamar after an exhaustive
hearing IN which the was argued by able counsel
delivered elaborate opinion sustaining the action Of
solicitor General Goode In ordering suit to break
down the Bell Telephone patents for the benefit of the
Pan Electric spectators. That opinion was riddcd
by the minority Of the Pan Electric Investigating
Committee a report drawn By Mr. Ranncy, Of Massa-
chuscts and every affirmative proposition contained
has since been oycrrulcd by the Circuit Courts Of the
United states I'm Louisiana and Massachusetts,
a third Republican, who was member of the House
I'm the XIIVth Congress, said: " Your aluson to
John Goode reminds me Of Lamar's vote on the Plat
Coodc contested election case. Tho Democrats had
some 20 majority in the House, and the Elections
Committee was composed Of ten Democrats and five
Republicans conclusive was tho evidence that
Goodies title fraudulent that after thorough
Investigation only five Of the Democratic members
Of the committee voted to sustain H. Among the
democratic members Of the committee who opposed
Goodc the chairman, THOMPSON Of Ma''a'hu,
and House. Of Tennessee, both good lawyers. when
the came to a vote I'm the House after exhaustive
argument. many Of the best Democratic lawyers In that
body either voted for Plat RETAINED from voting at
all Not SO the 'conScry alive Mr. Lamar, whose
judicial temperament Is so highly praised In certain
quarters Just now. lie voted with majority OF his
party 10 consummatc one If the most infamous frauds
In tho history Of contested elections, and GOode was
kcp, I'm scat to which he had not shadow OF right
Oh yes Lamar, Is a man Of judicial temperament -
not impulslvc at all He's thoroughly reconstructed
and patriotic too. lie showed that when he ordered
the flag lowered on account Of the death Of Jacob
Thompson The faithful custodian of the Indian Trust
funds ; the man who entered into the secession con
splracy while sim a member Of the Cabinet, and Who
Canadian soil, plotted the destruction ol Noi'"cI"
cities during the war;
There IS objection to the confirmation OF MI
Lamar which | have not seen published, bur which
may lave some weight with the Judiciary Committee
Indeed It was understood two or three years ago that
The committee had formally decided that this ohlcc-
ton. II raised, would be- fatal TO nominee for u
diclal Office Mr. Lamar IS moro than siNty-t"o yNar'
old and Il was understood that the limitation Of age
fixed by the Judiciary COMMITTEES was SIXTY years.
That was thought 10 be In harmony With the spirit I'll
the law which allows United states Judge to retire
with full pay at the age Of seventy years, provided
ne has been on the bench ten years Nh Lamar IS
not only In his sixty third year. but he IS man
whose power, have become cnfceblcd that his ca
pacitv for mental cxcrtion much less than that 81
MANY man who has reached the age OF seventy. ANA
II is a notorious fact that the duties OF the members
Of the supreme Court are most labuF.ouS' l" yrdI'
rTor,s Lavc been made To tighten their burdens So
that the arrears Of work might be cleared away How
could a man In Mr.. Lamar's physical condition. anu
ucxnerlcnccd and unframed he Is. expect TO bear
Ills share Of that ever increasing burden!